Jerry Brewer v. Jonesboro Police Department

Eighth Circuit

Jerry Brewer v. Jonesboro Police Department

653 F. App'x 853

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 2, 2016

Docket15-3543

StatusUnpublished

This text of 653 F. App'x 853 (Jerry Brewer v. Jonesboro Police Department) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jerry Brewer v. Jonesboro Police Department, 653 F. App'x 853 (8th Cir. 2016).

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Opinion

PER CURIAM. .

Jerry Todd Brewer appeals the district court’s 1 adverse judgment entered after a bench trial in his 42 U.S.C. § 1983 action. We conclude that Brewer’s challenge to the district court’s findings of fact are not susceptible to meaningful review because he failed to provide a transcript of the trial proceedings. See Fed. R. App. P. 10(b) (addressing appellant’s obligations with respect to transcript); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 386 (8th Cir.1987) (per curiam) (where pro se appellant did not order trial transcript, appellate court could not review challenges to evidentiary rulings or to sufficiency of evidence). We further conclude that the district court did not abuse its discretion in denying appointed counsel, see Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794-95 (8th Cir.2006) (standard of review), or'in denying Brewer’s post-trial motion, cf. Fed. R. Civ. P. 59(a)(2); Parton v. White, 203 F.3d 552, 556 (8th Cir.2000) (per curiam) (standard of review); and that his request for a jury trial was untimely, see Fed. R. Civ. P. 38(b). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

1

. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas.

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PER CURIAM. .

Jerry Todd Brewer appeals the district court’s 1 adverse judgment entered after a bench trial in his 42 U.S.C. § 1983 action. We conclude that Brewer’s challenge to the district court’s findings of fact are not susceptible to meaningful review because he failed to provide a transcript of the trial proceedings. See Fed. R. App. P. 10(b) (addressing appellant’s obligations with respect to transcript); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384, 386 (8th Cir.1987) (per curiam) (where pro se appellant did not order trial transcript, appellate court could not review challenges to evidentiary rulings or to sufficiency of evidence). We further conclude that the district court did not abuse its discretion in denying appointed counsel, see Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794-95 (8th Cir.2006) (standard of review), or'in denying Brewer’s post-trial motion, cf. Fed. R. Civ. P. 59(a)(2); Parton v. White, 203 F.3d 552, 556 (8th Cir.2000) (per curiam) (standard of review); and that his request for a jury trial was untimely, see Fed. R. Civ. P. 38(b). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

1

. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas.

Michael Parton Donald Yates Terry Walls William Leonard James Bridgewater Robert Smith Ronald L. Boyer James King, Jack Babcock William Cooper Larry Schaal Gerald Bereuter v. Carl White, in His Official Capacity as Superintendent and Chief Administrative Officer at Missouri Training Center for Men at Moberly, Missouri Clarence D. Smith, in His Official Capacity as Director of the Division of Adult Institutions, Missouri Department of Corrections W. David Blackwell, in His Official Capacity as Director of the Division of Adult Institutions, Missouri Department of Corrections Lee Roy Black, in His Official Capacity as the Director of the Missouri Department of Corrections and Human Resources

203 F.3d 552 (Eighth Circuit, 2000)

James Edward Phillips v. Jasper County Jail Cabalero Eby Garza Kelly Forsythe Riley Moback Sanchez Sewell Lietz Lyman Carr John Freitas Marney

437 F.3d 791 (Eighth Circuit, 2006)

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